Case Note & Summary
The petitioner, Intelligence Officer, Narcotics Control Bureau, Bangalore Zonal Unit, challenged an order dated 01.06.2022 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, in Spl.C.C.No.896/2022 (NCB F.No.48/1/22/2021/BZU). The impugned order granted interim custody of a Maruti Swift car bearing registration No.AP-37-DS-2191 to the respondent, Sala Sai Yashwanth Reddy, under Sections 451 read with 457 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioner contended that the Special Judge erred in assuming jurisdiction to entertain the application for interim custody of the vehicle, arguing that the Special Court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) does not have the power to pass orders under Sections 451 and 457 Cr.P.C. The respondent, who claimed to be the owner of the vehicle, sought its release. The High Court of Karnataka, presided over by Justice Mohammad Nawaz, examined the contention. The court noted that the Special Court is constituted under the NDPS Act and is deemed to be a Court of Session under Section 36C of the NDPS Act. Section 36D of the NDPS Act provides that the Code of Criminal Procedure shall apply to proceedings before a Special Court. The court held that Sections 451 and 457 Cr.P.C. are procedural provisions that empower any criminal court to pass orders regarding the custody and disposal of property pending trial. The NDPS Act does not contain any provision excluding the application of these sections. Therefore, the Special Court has the jurisdiction to entertain an application for interim custody of a vehicle seized in connection with an NDPS offence. The court dismissed the petition, upholding the order of the Special Judge. The decision clarifies that Special Courts under the NDPS Act retain the power to grant interim custody of vehicles under the Cr.P.C., ensuring that property rights are not unnecessarily affected during the pendency of trial.
Headnote
A) Criminal Procedure - Interim Custody of Vehicle - Jurisdiction of Special Court under NDPS Act - Sections 451 and 457 Cr.P.C., 1973 - The issue was whether the Special Court under NDPS Act can entertain an application for interim custody of a vehicle seized in an NDPS case. The court held that the Special Court is a criminal court and Sections 451 and 457 Cr.P.C. are procedural provisions applicable to all criminal courts. The NDPS Act does not contain any provision excluding the application of these sections. Therefore, the Special Court has jurisdiction to grant interim custody of the vehicle. (Paras 2-4) B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Jurisdiction of Special Court - Sections 36A, 36C, 36D - The NDPS Act establishes Special Courts with jurisdiction to try offences under the Act. Section 36C provides that a Special Court shall be deemed to be a Court of Session. Section 36D provides that the Code of Criminal Procedure applies to proceedings before a Special Court. The court held that the Special Court has all the powers of a Court of Session, including the power to pass orders under Sections 451 and 457 Cr.P.C. for interim custody of property. (Paras 3-4)
Issue of Consideration
Whether the Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) has the jurisdiction to entertain an application for interim custody of a vehicle seized in connection with an offence under the NDPS Act, under Sections 451 and 457 of the Code of Criminal Procedure, 1973 (Cr.P.C.)?
Final Decision
The High Court dismissed the petition, upholding the order of the Special Judge granting interim custody of the vehicle to the respondent. The court held that the Special Court under the NDPS Act has jurisdiction to entertain applications under Sections 451 and 457 Cr.P.C. for interim custody of vehicles seized in connection with NDPS offences.
Law Points
- Special Court under NDPS Act has jurisdiction to entertain application for interim custody of vehicle under Sections 451 and 457 Cr.P.C.
- NDPS Act does not exclude application of Cr.P.C. provisions for interim custody
- Sections 451 and 457 Cr.P.C. are procedural and applicable to all criminal courts including Special Courts under NDPS Act
